Three Common Questions About Wills and Trusts in Maryland

 Posted on May 05, 2025 in Wills and Trusts

Estate planning is not just for those with a heavy asset portfolio. It is a customized process designed to document your wishes and ensure they are fulfilled in the event of your death, just as you outlined them. It also offers several ways to protect assets while you are still here, and wills and trusts are common components of a strong estate plan. If you are new to estate planning and looking for a comprehensive approach that will best serve you and your family, consider some commonly asked questions before speaking to an experienced Chevy Chase, MD estate planning attorney.

What Is the Difference Between a Will and a Living Trust?

Wills and living trusts are commonly compared, mainly because they have many similarities. But they have distinct differences that are important to understand when working on an estate plan. Some key distinctions between the two are:

• A will is not active until you pass, but a living trust takes effect immediately after you create it.

• A will is subject to probate, while people often use living trusts to bypass probate.

• Wills are publicly documented, but trusts are private.

• Living trusts do not require witnesses, but wills do.

The ability to avoid probate is often the most appealing aspect of a living trust compared to a will. However, the two are not mutually exclusive. You can include both a will and a living trust in your estate plan.

What Makes a Will Valid in Maryland?

In Maryland, there are three components that every will must have for it to be valid. It must be in writing, whether handwritten or typed. It must be signed by the person creating the will and two credible witnesses. Finally, the creator and the witnesses must be at least 18 years old and competent when they sign. Audio/video wills are not valid under state law.

What Happens if I Die Without a Will in Maryland?

According to Maryland law, if you die without a written testamentary document, you are legally said to have died "intestate." This means that your estate is subject to intestate succession law and will be distributed based on bloodlines and "degrees of consanguinity." For example, the first in line to inherit will be your surviving spouse or registered domestic partner and any children.

Contact a Silver Spring, MD Estate Planning Attorney Today

There is no end to the ways that you can customize an estate plan, and choosing the right documents to ensure your wishes are fulfilled starts by understanding the options available to you. The Chevy Chase, MD wills and trusts lawyer at The Eleff Law Group can offer compassionate guidance through the estate planning process, ensuring you understand your choices, how they will impact you during your lifetime, and what they mean for your beneficiaries after you pass. Call 301-857-1990 to schedule a free consultation today.